TERMS OF SALES

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Article 1 – Definitions
The following conditions will be designated:
– “Application”: the Boo Nounou or Boo Parent application on the Android, iOS platforms and all of its pages and screens
– “WEB application”: the Boo Nounou application has a dedicated site offering a web version of the application. It has some of the functionality of the application
– “Showcase site”: the BoO solution is presented on the showcase site https://www.boo-solution.com/ The site presents the solution and includes a detailed price sheet.
– “Subscription”: digital content or service that can be purchased or to which it is possible to subscribe through an integrated purchase (in-app) in the application or via the WEB application of Boo Nounou or Boo Parent.
– “Editor”: The application is published by the company KREODEV SAS with a capital of € 1050 whose head office is located at 683 route du plan d ‘aups 83640 Saint Zacharie, registered 825 185 523 at the R.C.S. of Draguignan – President: Mrs Priscilla MINATCHY
– “User”: The mobile user visiting and using the application
– “Client”: The mobile user subscribing to a subscription in the Android or iOS application or on the WEB application.
– “Store”: The online application download platforms used by the publisher to publish the application, and used by the user to download the application

Article 2 – Mentions imposed by the law of confidence in the digital economy and subject of application
Legal information concerning the publisher of the application, Kreodev, in particular contact details and any registration information, are provided in the general conditions of use in the legal notices paragraph. They are visible in the application, on the WEB application or on the BoO solution showcase site.
Information concerning the collection and processing of personal data is provided in the privacy policy accessible from the iOS, Android applications, the WEB application or the BoO solution showcase site.
The BoO Nounou application is an application for childminders. It is a daily tool for the childminder to track daily events with children in care. It makes it possible to have a history accessible at all times and in a secure manner.
The Boo Nounou application interfaces with another application from the publisher Kreodev: Boo Parent and thus makes it possible to maintain a veritable digital transmission book between nannies and their employer parents.
The 2 coupled applications allow childminders to communicate important information regarding childcare. The exchange of alerts and / or information concerning the health of the child are an integral part of the applications. They also allow you to redeem monthly coupons, billing items and many other features that are presented on the BoO solution showcase site.
The acquisition of a subscription or more generally the use of the application supposes the acceptance, by the user, of the entirety of the general conditions of use as well as of the present general conditions of sale, that he acknowledges by the same to have taken full knowledge of it. This acceptance will be deemed to have the same value as a handwritten signature on the part of the user. The user recognizes the evidential value of the application publisher’s automatic registration systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.
Acceptance of these general conditions assumes that users have the necessary legal capacity for this. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.

Article 3 – Characteristics of the proposed subscriptions
The subscriptions offered are those listed in the catalog published in the Boo Nounou, Boo Parent applications and on the WEB application, and each subscription is accompanied by a description. The application’s customer service can be accessed by e-mail at the following address: [email protected] or by post at the following address: 683 route de plan d´aups 83640 St Zacharie.

Article 4 – Prices
The prices appearing in the application are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of purchase.
Kreodev reserves the right to pass any change in the VAT rate on to the price of subscriptions and also reserves the right to modify its prices at any time. However, the price appearing in the application on the day of purchase will be the only price applicable to the buyer.

Article 5 – Exemption from the liability of the publisher within the framework of the execution of this contract
If access to the application is not possible, due to technical or other problems, the user cannot claim any damage and cannot claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or more services, cannot constitute a prejudice for the users and cannot give rise in any way to the award of damages from the editor. Likewise, the publisher cannot be held liable if the use of these sites or applications by the user causes him harm.

Article 6 – Geographical limitation of use
The use of the Boo nanny, Boo Parent applications and its services as well as the WEB application is not limited geographically. Availability in a country is defined directly from the hosting store.

Article 7 – Intellectual property rights relating to the elements of the application
All elements of the application belong to the publisher. Any copy of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and appears to be counterfeit.
Any user who is found guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative the publisher of the application or its representative.

Article 8 – Trademarks
The trademarks and logos contained in the application are registered by Kreodev. Anyone carrying out their representations, reproductions, overlaps, diffusions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.

Article 9 – Limitation of liability
The publisher of the application, particularly in the online sales process, is only bound by an obligation of means; it cannot be held liable for damage resulting from the application such as loss of data, intrusion, virus, interruption of service, or others. The publisher of the application, Kreodev, cannot be held responsible for the breach of the contract concluded, due to the occurrence of an event of force majeure.
Regarding purchased subscriptions, the publisher will not incur any liability for any consequential damages as a result of these, loss of business, loss of profit, damage or costs, which may occur. The choice and purchase of a product are the sole responsibility of the customer.
The total or partial inability to use the subscriptions, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the publisher’s liability, except in the case of a proven hidden defect. , non-conformity or defect. In the event that a purchase made in the application is not made available, the customer has a maximum of six months (from the date of purchase) to come forward. Beyond this period, no complaint will be accepted. The user expressly admits to using the application at his own risk and under his exclusive responsibility. The application provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Kreodev can in no way be held responsible:
– any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the application, or on the contrary from the impossibility of its use
– a malfunction, unavailability of access, improper use, improper configuration of the user’s device, or the use of a device that is little used or obsolete by the user

Article 10 – Applicable law and mediation
These general conditions are subject to the application of French law. They can be modified at any time by the editor. The general conditions applicable to the user are those in force on the day of their purchase or of their connection to the application. The publisher obviously undertakes to keep all of its old general conditions and to send them to any user who requests them.
Unless there are provisions of public order, any disputes that may arise in connection with the execution of these general conditions may, before any legal action, be submitted to the publisher’s discretion with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided in public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.
Consumer mediation
According to Article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to use a consumer mediator free of charge for the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system ”.
As such, Kreodev offers its consumer customers, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
Mediator of the Médicys approved mediation center
[email protected]
http://www.medicys.fr/index.php/consommateurs/
It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.

Article 11 – Use of files deposited on the device
Files (such as cookies) can be placed on the user’s device in order to identify him or to save information permanently on the device. They allow the identification of the user, the personalization of his consultation and the acceleration of the display of the application. The application is likely to use these files mainly to 1) allow the application to remember the actions and settings of the user in the application, 2) allow access to a member account and to content that is not accessible without connection. The user acknowledges being informed of this practice and authorizes the publisher to use it.

Article 12 – Payment information
The user can place an order on the Boo nanny and Boo Parent applications and make their payment using the credit card for which they have provided information on the dedicated Store (AppleStore for iOS or Google Playstore for Android). Payments are made through secure transactions provided by the dedicated Store. The applications do not have access to any data relating to the user’s means of payment. Payment is made directly on the Store receiving payment from the customer.
The user can place an order on the WEB application via a module of the STRIPE platform – https://stripe.com/fr – and make his payment using the credit card of which he will have provided the information to STRIPE. Payments are made through secure transactions provided by STRIPE. The WEB application does not have access to any data relating to the user’s means of payment. Payment is made directly via the STRIPE payment module by the customer.

Article 13 – Provision and termination
The publisher agrees to make their subscription available immediately upon purchase. The subscriptions offered in the application do not allow the customer to exercise his right of withdrawal, under article L.221-28 of the Consumer Code, because these are services fully performed before the end of the withdrawal period for legal or digital content not provided on a tangible medium, the execution of which has begun after the express prior consent of the consumer, and that the user has expressly waived his right of withdrawal during the purchase. The customer acknowledges having read the non-application of the right of withdrawal for his purchases, and thereby waives his right of withdrawal.

Article 14 – Termination
All subscriptions acquired on the Boo Nounou, Boo Parent and / or the WEB application may be terminated at any time. The subscriptions made available in the application are not binding.
The termination must be made on the platform where the user has subscribed. Indeed, the subscriptions are managed within the stores or the WEB application themselves, so the user must connect to the store or to the WEB application on which the subscription is committed in order to be able to terminate it.
If the user uninstalls the application without having terminated from the store or from the WEB application, the subscription will still run. The publisher cannot be held responsible if the user does not terminate his subscription by his own means from the store or the WEB application on which he has subscribed to the subscription.

Article 15 – Guarantee of subscriptions purchased in the application
All subscriptions acquired on the application benefit from the following legal guarantees, provided for by the Civil Code; Guarantee of conformity: According to articles L.217-4 et seq. Of the Consumer Code, the seller is required to deliver a product in conformity with the contract and to respond to any lack of conformity existing during the delivery of the conforming product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product. Guarantee against hidden defects: According to articles 1641 to 1649 of the Civil Code, the customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear during the purchase and are sufficiently serious (the defect must either make the product unfit for the use for which it is intended, either reduce this use to an extent such that the buyer would not have bought the product or would not have bought it at such a price if he had known of the defect ). In the event of non-compliance of a product sold, it may be reimbursed by the seller. All complaints or requests for reimbursement must be made by email to [email protected].

Article 16 – Framework of conditions
If any provision of the General Conditions is found to be illegal, void or for any other unenforceable reason, then that provision will be deemed severable from the Conditions and will not affect the validity and enforceability of the remaining provisions. These conditions describe the entire agreement between the user and the publisher. They replace all previous or contemporary written or oral agreements. The general conditions are not assignable, transferable or sublicensable by the user himself. A printed version of the Conditions and any notices given in electronic form may be requested in legal or administrative proceedings relating to the general conditions. The parties agree that all correspondence relating to these general conditions must be written in the French language.

Article 17 – Notifications
Any notification or opinion concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service which allows you to regularly follow your plans, or by email to the addresses indicated in the general conditions of use paragraph legal notices of the application, specifying your names, first names, contact details and subject of the notice.

Article 18 – Complaints
Any complaint related to the use of the application, of the pages of the application on any social networks or the general conditions, legal notices or personal data charter must be filed within 365 days from the day of origin of the problem. source of complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will be forever unenforceable in court.

Article 19 – Inaccuracies
It may be possible that throughout the application and the subscriptions offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the terms and conditions, legal notices or the personal data charter. In addition, it is possible that unauthorized modifications are made by third parties to the application or to ancillary services (social networks, etc.). We make every effort to ensure that deviations of this kind are corrected. In the event that such a situation escapes us, please contact us by email at [email protected] with, if possible, a description of the error and the location (application page or URL), as well as sufficient information to enable us to contact you. For copyright inquiries, please refer to the section on intellectual property.

Updated April 11, 2021.